North Carolina 2025-2026 Regular Session

North Carolina House Bill H372 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 372
55 Committee Substitute Favorable 4/1/25
6-Committee Substitute #2 Favorable 4/15/25
76
87 Short Title: Home-Based Business Fairness Act. (Public)
98 Sponsors:
109 Referred to:
1110 March 12, 2025
12-*H372 -v-3*
11+*H372 -v-2*
1312 A BILL TO BE ENTITLED 1
1413 AN ACT PROVIDING THAT CITIES SHALL NOT PROHIBIT CERTAIN HOME-BASED 2
1514 BUSINESSES WITHIN THEIR JURISDICTIONAL LIMITS. 3
1615 The General Assembly of North Carolina enacts: 4
1716 SECTION 1. Article 8 of Chapter 160A of the General Statutes is amended by 5
1817 adding a new section to read: 6
1918 "ยง 160A-205.8. No-impact home-based businesses. 7
2019 (a) A city shall not adopt an ordinance or other regulation prohibiting no-impact 8
2120 home-based businesses within its jurisdictional limits or require a person to apply, register, or 9
2221 obtain any permit, license, variance, or other type of approval to operate a no-impact home-based 10
2322 business within its jurisdictional limit. A city may impose reasonable regulations on no-impact 11
2423 home-based businesses if the regulations are narrowly tailored for any of the following purposes: 12
2524 (1) Ensuring the protection of public health and safety, as allowed by law. 13
2625 (2) Ensuring that the business activity meets all of the following: 14
2726 a. Is compatible with the residential use of the property and surrounding 15
2827 residential use. 16
2928 b. Is secondary to the use of the property as a residential dwelling. 17
3029 c. Complies with State and federal law, including the payment of 18
3130 applicable taxes. 19
3231 (3) Prohibiting or limiting the use of no-impact home-based businesses for the 20
3332 purpose of selling illegal drugs, liquor, operating or maintaining a structured 21
3433 sober living home, pornography, obscenity, or nude or topless dancing or 22
3534 other adult-oriented businesses. 23
36-(b) A city shall not require as a condition of operating a no-impact home-based business 24
37-that the owner or occupant of the property do the following: 25
35+(b) A municipality shall not require as a condition of operating a no-impact home-based 24
36+business that the owner or occupant of the property do the following: 25
3837 (1) Submit a petition for rezoning the property for commercial use. 26
39-(2) Install or equip fire sprinklers in any building or structure subject to the North 27
40-Carolina Residential Code. 28
38+(2) Install or equip fire sprinklers in any building or structure subject to the 27
39+Residential Building Code. 28
4140 (c) The provisions of this section shall not apply if the operation of a no-impact 29
4241 home-based business is prohibited by the terms of: 30
4342 (1) Any deed, covenant, or agreement restricting the use of the land. 31
4443 (2) Any master deed, bylaws, or other documents applicable to a homeowners 32
4544 association. 33
4645 (d) The following definitions apply in this section: 34
4746 (1) Goods. โ€“ Any merchandise, equipment, products, supplies, or materials. 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 372-Third Edition
47+Page 2 House Bill 372-Second Edition
4948 (2) Home-based business. โ€“ Any business owned and operated by the owner or 1
5049 occupant of the residential dwelling that manufactures, provides, or sells 2
5150 goods or services. 3
5251 (3) No-impact home-based business. โ€“ A no-impact home-based business for 4
5352 which all of the following apply: 5
5453 a. The total number of on-site employees and clients do not exceed the 6
55-city's occupancy limit for the residential property. 7
54+municipality's occupancy limit for the residential property. 7
5655 b. The business activities are characterized by all of the following: 8
5756 1. Are limited to the sale of lawful goods and services. 9
5857 2. Do not generate on-street parking or a substantial increase in 10
5958 traffic through the residential area. 11
6059 3. Occur inside or in the yard of the residential dwelling. 12
6160 4. Are not visible from the street. 13
6261 5. Do not store merchandise, equipment, products, supplies, or 14
6362 materials outside of the premises." 15
6463 SECTION 2. This act is effective when it becomes law. 16